🎁 💸 Warren Buffett's Top Picks Are Up +49.1%. Copy Them to Your Watchlist – For FreeCopy Portfolio

Fox News must face Smartmatic's lawsuit over election-rigging claims

Published 02/14/2023, 05:28 PM
Updated 02/14/2023, 05:31 PM
© Reuters. FILE PHOTO: A Fox News channel sign is seen on a television vehicle outside the News Corporation building in New York City, in New York, U.S. November 8, 2017. REUTERS/Shannon Stapleton

By Jonathan Stempel

NEW YORK (Reuters) - A New York state appeals court rejected Fox News' bid to dismiss a multibillion-dollar defamation lawsuit accusing the network of falsely accusing an electronic voting systems company of helping rig the 2020 U.S. presidential election to favor Joe Biden over Donald Trump.

In a 5-0 decision, the Appellate Division in Manhattan said Smartmatic USA alleged in "detailed fashion" how Fox News and some anchors and guests "effectively endorsed and participated in (defamation) with reckless disregard for, or serious doubts about" whether the company engaged in election fraud.

Smartmatic had sought $2.7 billion in damages, saying Fox News knowingly lied about its technology and how it was used in order to boost ratings, and keep Trump supporters from defecting to the right-wing networks Newsmax and One America News.

Fox News has long said its job was to inform the public, and that airing fraud claims was protected by the U.S. Constitution's First Amendment.

Tuesday's decision lets Smartmatic continue its cases against Fox News, host Maria Bartiromo and former host Lou Dobbs.

It also reinstated some previously dismissed claims against Rudolph Giuliani, the former New York City mayor who worked as a Trump lawyer, and Smartmatic's case against host Jeanine Pirro.

Fox News, whose lawyers also represented the hosts, said it expected to prevail in the lawsuit.

"There is nothing more newsworthy than covering the president of the United States and his lawyers making allegations of voter fraud," it said. "Freedom of the press is foundational to our democracy and must be protected, in addition to the damages claims being outrageous, unsupported, and not rooted in sound financial analysis."

Giuliani's lawyer could not immediately be reached for comment.

Smartmatic has said it provided election technology only to Los Angeles County, which Biden won.

"We look forward to holding Fox News and the other defendants accountable in court," its lawyer J. Erik Connolly said.

Tuesday's decision upheld much of a March 2022 ruling by state Supreme Court Justice David Cohen.

© Reuters. FILE PHOTO: A Fox News channel sign is seen on a television vehicle outside the News Corporation building in New York City, in New York, U.S. November 8, 2017. REUTERS/Shannon Stapleton

Another voting technology company, Dominion Voting Systems, is pursuing a similar $1.6 billion lawsuit against Fox News in Delaware.

The case is Smartmatic USA Corp et al v Fox Corp et al, New York State Supreme Court, Appellate Division, 1st Department, No. 2022-01291.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.